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JUNE 2014 AGENDA

HUNTINGTON BEACH CITY HALL
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648

(415) 407-3211

Phone number will only be in service when the meeting is in session. 

Please note: agenda items are subject to change.

Thursday,
June 11, 2014

9:00 a.m.

  1.  CALL TO ORDER.
  2.  ROLL CALL.
  3.  AGENDA CHANGES.
  4.  GENERAL PUBLIC COMMENT. Public comments will be heard at 9:00 am for items not on the agenda, for no more than 30 minutes. For those unable to attend the early comment period, there will be additional comment time available later in the day.
  5.  CHAIR'S REPORT

STATEWIDE

  1.  EXECUTIVE DIRECTOR'S REPORT
    1.   Director's Report.
    2.   Legislation. Legislative report and possible Commission action. (CL/SC-SF)
    3.   Property Information Service Contract. Commission authorization for Executive Director to enter into a contract for subscription to online Real Estate Data and Information service. (CL-SF) [APPROVED]        Motion and Vote
    4.   Appeals Briefing. Briefing on Commission's coastal development permit appeal authority and process. Discussion item only. (CL/SF)
    5.   2015 Schedule of Meeting Dates and Locations. (VM-SF) [APPROVED]  Motion and Vote

ENFORCEMENT

  1.   ENFORCEMENT REPORT. Report by Chief of Enforcement on Statewide Enforcement Program. (LAH-SF)

SOUTH CENTRAL COAST DISTRICT

  1. 5   ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1.  Application No. 4-14-0651 (City of Santa Barbara Waterfront Department, Santa Barbara) Application of City of Santa Barbara Waterfront Dept. to replace and expand each existing boat dock end-tie within Marina 2B, 2C, 3A, 3C, and 4A in Santa Barbara Harbor to meet current Dept. of Boating and Waterway guidelines, located at 132 A Harbor Way, Santa Barbara, Santa Barbara County. (MA-V) [APPROVED]

NORTH COAST DISTRICT

  1.   ADMINISTRATIVE CALENDAR. See AGENDA CATEGORIES.
    1.  Application No. 1-14-0519 (City of Eureka). Application of City of Eureka to rehabilitate and improve marine fueling station dock by repairing or replacing and installing plastic bumpers on 11 piles; repairing 80 linear feet of damaged beams attached to leading edge of dock; and installing 20' x 4' mooring float at foot of Commercial St ., Eureka, Humboldt County. (CK-A) [APPROVED]

NORTH COAST DISTRICT

  1.  DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Arcata office at (707) 826-8950. [APPROVED]
  2.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES[APPROVED]

ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY

  1.  ENERGY, OCEAN RESOURCES and FEDERAL CONSISTENCY. Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. For specific information contact the Commission's Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240. [APPROVED]
  2.  CONSENT CALENDAR (removed from Regular Calendar. See AGENDA CATEGORIES.
  3.  FEDERAL CONSISTENCY See AGENDA CATEGORIES.
    1.  CD-0204-13 (Natural Resources Conservation Service, Santa Cruz Co.) [ADDENDUM] Consistency Determination by Natural Resources Conservation Service for wetland restoration of 23 acres of agricultural lands to seasonal marsh wetlands and associated plant communities, at confluence of Watsonville and Harkins sloughs, Santa Cruz County. (LS-SF) [APPROVED]

CENTRAL COAST DISTRICT

  1.  DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Santa Cruz office at (831) 427-4863. [APPROVED]
    1.  County of Santa Cruz LCP Amendment Number SCO-13-0228-1 Part A (Chapter 13.20 Update). Certification Review.Concurrence with the Executive Director's determination that the action by Santa Cruz County accepting certification of SCO-13-0228-1 Part A with modifications (establishing County's coastal zone regulations) is legally adequate. (AK-SC) [APPROVED]
  2.  CONSENT CALENDAR (removed from Regular Calendar)AGENDA CATEGORIES[APPROVED WITH CONDITIONS]
  3. NEW APPEALSAGENDA CATEGORIES.
    1.  Appeal No. A-3-SLO-13-0252 (San Luis Obispo County Department of General Services - Parks Division, San Luis Obispo Co.) Appeal by Friends of Pirate's Cove and Brian LoConte of San Luis Obispo County decision granting permit with conditions to San Luis Obispo County Dept. of General Services - Parks Division for construction of 1,800-ft. long bike/pedestrian trail, formalization of existing Pirates Cove parking lot, installation of restroom and picnic tables, and other related improvements, in Pirates Cove/Ontario ridge area of Avila Beach, San Luis Obispo County. (DR-SC) [POSTPONED]
    2.  Appeal No. A-3-SCO-14-0014 (Khayam-Bashi, Santa Cruz Co.) Appeal by Mark Saito from decision of County of Santa Cruz granting permit with conditions to Hassan and Tooran Khayam-Bashi for construction of second-story addition to existing single-family home, at 155 24th Ave., Santa Cruz, Santa Cruz County. (KG-SC) [NO SUBSTANTIAL ISSUE FOUND]   Motion and  Vote
    3.  Appeal No. A-3-GRB-14-0024 (Pacifica Companies, Grover Beach) [ADDENDUM] Appeal by Deah Rudd and Friends of Oceano Dunes, Inc. of City of Grover Beach decision granting permit with conditions to Pacifica Companies for construction of Grover Beach Lodge and Conference Center, west of Highway One and north of West Grand Ave., Grover Beach, San Luis Obispo County. (JB-SC)[NO SUBSTANTIAL ISSUE FOUND]    Motion and Vote
    4.  Appeal No. A-3-GRB-14-0026 (City of Grover Beach Department of Public Works (DPW). Appeal by Deah Rudd of City of Grover Beach decision granting permit with conditions to City of Grover Beach DPW for construction of street and sidewalk improvements along West Grand Ave. between Highway One and Pismo State Beach, Grover Beach, San Luis Obispo County. (JB-SC) [NO SUBSTANTIAL ISSUE FOUND]    Motion and Vote

      [ Items W16e and W17a below share a single, combined staff report]    Motion and  Vote  Motion and Vote
    5.  Appeal No. A-3-SLO-14-0021 (7 Tracks Realty, San Luis Obispo Co.) [ADDENDUM] Appeal by Commissioners Bochco and Shallenberger of San Luis Obispo County decision granting permit with conditions to 7 Tracks Realty Trust for construction of 5,000 sq.ft., single-family home with attached garage and other incidental residential improvements in Los Osos, San Luis Obispo County. (AK-SC) [SUBSTANTIAL ISSUE FOUND, APPROVED WITH CONDITIONS at de Novo Hearing]
  4.  COASTAL PERMIT APPLICATIONS. See AGENDA CATEGORIESAttention: Items appearing in this section of the agenda may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed in the same manner as other Consent Calendar items (See AGENDA CATEGORIES) except that if that item is subsequently removed from the Consent Calendar by a vote of three or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner Coastal Permit Applications are processed. The purpose of this procedural change is to expedite the Commission's coastal development permit process.
    1.  Appeal No. A-3-SLO-11-055 (Kellaway, San Luis Obispo Co.) [ADDENDUM] Application of Thomas Kellaway to construct 11,412 sq.ft., single-family home with 968 sq.ft. attached garage and other incidental residential improvements in Los Osos, San Luis Obispo County. (AK-SC) [DENIED]
  5.  PERMIT AMENDMENTS. See AGENDA CATEGORIES. An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.
    1.   Application No. 3-81-041-A24 (City of Santa Cruz, Santa Cruz) [ADDENDUM] Application by City of Santa Cruz to amend permit to allow for construction of enclosed seating area with windscreens and retractable panels, and additional public amenities in an existing public deck area at 49a Municipal Wharf, Santa Cruz, Santa Cruz County. (KG-SC) [Moved to Consent Calendar, APPROVED WITH CONDITIONS]

NORTH CENTRAL COAST DISTRICT

  1.  DEPUTY DIRECTOR'S REPORT[UPDATED] Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's San Francisco office at (415) 904-5260. [APPROVED]
    1.  County of Sonoma LCP Amendment No. LCP-2-SON-14-0110-1 (Local Design Guidelines and Parcel Rezoning). Concurrence with the Executive Director's determination that the request by the County of Sonoma to add new zoning text and rezone parcels to reflect the applicable design standards and criteria affecting 511 parcels is de minimis. (EL-SF) [APPROVED]
  2.  CONSENT CALENDAR. See AGENDA CATEGORIES
  3.  LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES
    1.   City of Half Moon Bay LCP Amendment No. HMB-MAJ-1-11 (Design Standards). Public hearing and action on request by City of Half Moon Bay to modify the LCP's design standards and process for development associated with architectural improvements, historical structures and site design. (SR-SF) [POSTPONED]
    2.  County of Marin LCP Amendment No. LCP-2-MAR-13-0224-1 Part B (Marin IP Update). Time Extension Only[ADDENDUM][ADDENDUM2] Public hearing and action on extension of time limit to act on request by Marin County to comprehensively update the Local Coastal Program's Implementation Plan. (KK-SC) [APPROVED]  Motion and Vote
  4.  NEW APPEALS. See AGENDA CATEGORIES 

    [ Items W22a and W22b below share a single, combined staff report]
    1.  Appeal No. A-2-SMC-09-006 (Johnson, San Mateo Co.) Appeal by Committee for Green Foothills of San Mateo County decision to grant permit with conditions to Michael F. Johnson for construction of 2,374 sq.ft., 3-story, mixed- use building at 358 Princeton Ave., Princeton-by-the-Sea, San Mateo County. (RA-SF) [POSTPONED]
    2.  Appeal No. A-2-SMC-09-008 (Shook, San Mateo Co.) Appeal by Committee for Green Foothills of San Mateo County decision to grant permit with conditions to James M. Shook for construction of 2,072 sq.ft., 3-story, mixed-use building at 354 Princeton Ave., Princeton-by-the-Sea, San Mateo County. (RA-SF) [POSTPONED]

SOUTH CENTRAL COAST DISTRICT

  1.  DEPUTY DIRECTOR'S REPORT. Report by Deputy Director on permit waivers, emergency permits, immaterial amendments & extensions, LCP matters not requiring public hearings, and on comments from the public. For specific information contact the Commission's Ventura office at (805) 585-1800. [APPROVED]
  2.  CONSENT CALENDAR (removed from Regular Calendar). See AGENDA CATEGORIES
  3.  LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES
    1.  City of Malibu LCP Amendment No. MAL-MAJ-1-12 (Public Access Map). Request by the City of Malibu to update the Land Use Plan Public Access Map to reflect current information showing the location of existing public beaches, lateral public easements along the shoreline, and vertical public access easements between the first public road and the shoreline. (DD-V) [POSTPONED]
  4.  PERMIT AMENDMENTS. See AGENDA CATEGORIES. An Amendment below may be moved to the Consent Calendar for this area by the Executive Director when, prior to taking up the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If an item is moved to the Consent Calendar it will be processed like other Consent Calendar items (See above) except that if that item is subsequently removed from the Consent Calendar by a vote of 3 or more commissioners, the item will be acted upon at the meeting in the order in which it originally appears on this Meeting Notice and in the manner material amendments are processed.
    1.  Application No. 5-84-791-A1 (Carbonview Limited, LLC, Malibu) Application of Carbonview Limited, LLC to amend permit to vacate 1,609 sq.ft. portion of lateral public access easement, record new lateral public access easement across adjacent parcel, and dedicate funds for off-site public access improvements, located at 22224 and 22230 Pacific Coast Highway, Malibu, Los Angeles County. (JB-V) [POSTPONED]

 STATEWIDE

CLOSED SESSION. At a convenient time during the meeting, the Commission (CCC) will have a closed session to discuss items of pending litigation, including:
Ballona Wetlands Land Trust v. CCC (County of Los Angeles, RPI), Govt. Code § 11126(e)(2)(A) 
CBS Outdoor LLC v. CCC et al., Govt. Code § 11126(e)(2)(A) 
CCC v. U.S. Dept. of Navy et al., Govt. Code § 11126(e)(2)(A) 
Drakes Bay Oyster Co. v. CCC et al., Govt. Code § 11126(e)(2)(A) 
Faber et al. v. CCC (Drakes Bay Oyster Co., RPI), Govt. Code § 11126(e)(2)(A) 
Kretowicz v. CCC, Govt. Code § 11126(e)(2)(A) 
Union of Medical Marijuana Patients v. City of San Diego, Govt. Code § 11126(e)(2)(A) Item Th12g
The Commission is authorized to discuss these matters in a closed session pursuant to Government Code Sections 11126(e)(2)(A) and (2)(C). In addition, the Commission may consider matters which fall under Government Code Section 11126(e)(2)(B) or (2)(C). The Commission may also consider personnel matters which fall under Government Code Section 11126(a).
  1.  APPROVAL OF MINUTES.
  2.  COMMISSIONERS' REPORTS.
  3.  CONSERVANCY REPORT.
  4.  SANTA MONICA MOUNTAINS CONSERVANCY REPORT.
  5.  SANTA MONICA BAY RESTORATION REPORT.
  6.  DEPUTY ATTORNEY GENERAL'S REPORT.

COMMISSION FIELD TRIP

  1.  Commission Briefing & Field Trip. The Commission will hear a briefing prior to taking a field trip which will start at the conclusion of the meeting on Wednesday, June 11, to visit the Newport Banning Ranch property in Newport Beach. The field trip will take approximately 2 hours, commencing from the parking lot of Huntington Beach City Hall and travel to the site (Superior Ave. and West Coast Highway), using bus transportation. Members of the public are invited to attend along with Commissioners and staff using the available bus space. All participants must complete a release and liability waiver form and present it during bus boarding. No late entry. A more detailed itinerary is available for download on the Commission's website and meeting site. Private vehicles are not permitted on the site. For more information, please contact Amber Dobson at the Commission's South Coast District office at (562) 590-5071.